This blog is devoted to evaluating vulnerable Democratic candidates, political news, law and current affairs. Author is a Political consultant specializing in opposition research for conservative candidates, attorneys and PACS at the local, state, and federal level.
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― Patrick Henry

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Saturday, May 12, 2012

Social media and the law – How to stay out of trouble when using Twitter and Facebook

From the Norwich Evening News:

You see, read or hear something you like, dislike or are interested in and want to share your views with a wider audience.
And
now, thanks to the great strides in communication technology in recent
years, you can do so within an instant. In a matter of seconds your
words can be read by someone on the other side of the world.
Such
is the rise in internet social media sites, such as Facebook, Twitter,
YouTube, Flickr and website message boards to name but a few, that
everyone on the planet has the potential to become a publisher of words.
But,
as the saying goes, words can be a powerful tool – and an increasing
number of people are not being careful how they use them.
This is
why, in the past couple of years, the courts, police, Crown Prosecution
Service (CPS) and solicitors are having to deal with more legal cases,
both civil and criminal, involving postings made on the internet – and
in particular social media sites.
As more and more people look to
have their views heard by a wider audience, more are abusing those
powers, and landing themselves in hot water.
Recent high-profile
national cases where social media has been cited include footballer Ryan
Giggs’s attempt to block details of his recent affair, where Twitter
users openly posted details even though the media were barred from doing
so, and the arrests of people accused of naming the victim of the rape
case in which former Norwich City footballer Ched Evans was found
guilty.
. . . .
Chief Supt Bob Scully explained: “The level
of access to social media has gone up and, therefore, so have the crimes
committed on them.
“However, there is a great deal of work being
done within police forces and the Association of Chief Police Officers
(ACPO) to make sure we are equipped and able to prevent these crimes
from taking place and, where they do, punish those responsible.
“We are looking at how we need to adjust some of our priorities to be able to respond to social media.”
According to Chief Supt Scully, the message is clear – a crime is a crime no matter where it is committed.
He
said: “Being on social media can seem like a very private activity. But
we hope that people realise that the same rules apply.”
. . . .
It
is not just criminal cases that are being created because of
social-media postings, but civil as well, such as potentially expensive
libel hearings.
Tony Jaffa, a partner with media law specialists
Foot Anstey Solicitors, believes many people are ending up in trouble
through their online postings because they believe they are immune from
responsibility.
However, he warned: “It is very simple really
because nothing has changed in terms of the law; what has changed,
though, is that everybody is now a publisher.
“Every single
journalist, to a certain degree, is trained to either know or at least
recognise when things can or cannot be published. However, certain
sections of the general public just are not aware of this.
“People seem to think that, in some way, talking on social-media sites is no different to bar talk.
“However, the law treats it very differently to bar talk and ignorance is simply no defence.”

As
many of you already know, the laws relating to libel and criminal
speech are substantially different in the UK and the US. A great many
types of speech that would be violations of the law in Great Britain are
protected under the First Amendment in the US.

Quotes

"If it's smart to look at the Carfax history of a used car before buying it, why should anyone object to discovering the history of politicians before electing them to serve you?" Stephen Marks

"I believe that public office is the noblest of professions, but I also believe we must hold public officials accountable. Exposing the full truth about them-the good and the bad-ultimately makes for better-educated voters and a stronger democracy." Stephen Marks in Politics Magazine.